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Productivity Commission's report on superannuation - an odd mix of recommendations
Insight 01 Feb 2019

The Productivity Commission's report on superannuation has provided an odd mix of reccomendations ranging from uncontroversial to outright bizarre, Senior Regulatory Counsel Michael Mathieson writes. ...

Amendments to PPS lease law - what you need to know
Insight 22 May 2017

This Insight considers the effect of amendments to the Personal Property Securities regime, which are designed to reduce the PPSAs impact on the equipment hiring industry. ...

Anti-bribery & corruption: Key questions for boards and executives
Insight 06 Mar 2017

Australian boards and senior executives are expected to maintain oversight of risk and compliance issues including bribery sanctions human rights and anti-money laundering In-house counsel perform a central role in supporting this oversight and maintaining compliancenbspIn the first of a five-part ...

Product design and distribution rules
Insight 13 Dec 2016

On 13 December 2016 Treasury released a paper seeking feedback on the proposed financial product design and distribution obligations and proposed product intervention powers for ASIC The proposals are intended to create new accountability obligations for product issuers and distributors On one view ...

Considering Robo-advice
Insight 17 Apr 2019

The Australian Financial Complaints Authority AFCA the new one-stop-shop for resolving financial complaints has had a very busy first six months of operation ...

Significant 'blow' for penalties claims
Insight 08 Apr 2015

Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...

Finality: an important objective of class actions
Insight 12 Feb 2015

The recent Great Southern class action settlement included a term by which group members acknowledged and admitted that loans taken out with independent financiers to finance investments in Great Southern managed investment schemes were valid and enforceable Two separate Victorian Supreme Court ...

Government releases FOFA regulations
Insight 30 Jun 2014

The Governments much anticipated FOFA regulations were registered today and provide significant relief for benefits provided to employees and representatives of product issuers who provide general advice They also expressly allow bonuses to be linked to successful product sales providing the bonus ...

Disclosure: current complexity, future clarity?
Insight 04 Jun 2014

Since the 1996 Wallis Inquiry disclosure has been at the heart of the regulatory philosophy for the retail financial services sector in Australia Under the Financial System Inquirys terms of reference the Inquiry will refresh the philosophy principles and objectives underpinning the development of a ...

High Court decision on retention obligations provides some clarity to liquidators
Insight 14 Dec 2015

The High Court has ruled that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued The decision will provide much needed clarity for liquidators and other statutorily deemed trustees and agents Partners Charles Armitage and Christopher ...

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